Written by attorneys · grounded in primary & secondary sources — see below
A taking of tangible personal property of another without the consent of the person having custody or possession of it. The absence of valid consent renders the acquisition wrongful at the moment of caption and supplies the trespassory element required for common law larceny.
Tyler Taylor approached the new security guard at the concert venue and falsely claimed authorization to remove instruments for setup. The guard unlocked the room in reliance on the lie. Tyler then removed Jackson's custom guitar and placed it in his car trunk. The guard's consent was invalid because it rested on misrepresentation, making the taking trespassory and completing the larceny.
Tristan Thompson told the site foreman he needed to borrow South Development's marked power tools for a quick task. After the foreman consented, Tristan placed the tools in his backpack and carried them thirty feet toward his truck. Because the consent was procured by falsehood, the acquisition was without valid permission and therefore trespassory.
Select any source to read its text and confirm it supports the definition.
Tanner Thompson, a crew member with manifest authority, diverted Apex Shipping containers to a private dock. He later altered records to conceal the diversion and handed the electronics to an accomplice. The initial possession was lawful, so the subsequent misappropriation did not involve a trespassory taking and instead constituted embezzlement.
A bailee received closed crates of electronics from the bailor and was authorized only to store them. The bailee opened the crates, removed the contents, and sold them. Because breaking bulk caused possession of the contents to revert to the bailor, the bailee's later removal constituted a trespassory taking supporting larceny.
A taking is trespassory when the defendant obtains control without the valid consent of the person in custody or possession. Consent obtained by misrepresentation is treated as invalid, so the acquisition remains without permission and satisfies the trespassory element of larceny.
Supporting sources
A trespassory taking occurs at the moment the defendant acquires control without consent from a person with a superior possessory interest. Embezzlement instead requires initial lawful possession followed by a later misappropriation while that possession continues.
Supporting sources
Yes. When a bailee opens closed containers and misappropriates the contents, possession of those contents reverts to the bailor. The bailee's subsequent taking of the contents is therefore without consent and constitutes a trespassory taking that supports larceny.
Supporting sources
…field of tort liability is the interest invaded, namely, the interest in the use and enjoyment of land; that any substantial non-trespassory invasion of another’s interest in the private use and enjoyment of land by any type of liability forming conduct is a private nuisance; that the invasion which subjects a person to…